Unformatted text preview: fixed and delivered]). Entitles Peter to damages. Problem: Unable to harvest one hectare a day. Rule: Parol Evidence Rule. Reason: • Promissory. “believe me” emphasizes the statement ( Oscar Chess ). • Important. Peter explained his plans to Jack the manager. • Written. (not written) • Special knowledge. He’s the manager and in addition he emphasized on the capacity on the machine. • Close in time. He signed a contract shortly after the statement ( Van der Esschert v Chappel ). It’s a term, an intermediate term, therefore a condition. Looks like this condition goes into the fundamental/essence of the contract (repudiation of the contract is assumed). A breach of condition entitled Peter to termination of contract and damages....
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- Spring '13
- Contract Law, reasonable notice